711.569/6: Telegram
The Secretary of State to the Minister in the Netherlands (Tobin)
52. Your despatch no. 107, October 3.
[Page 199]The readiness of the Foreign Minister to cooperate to which you refer in the next to the last paragraph of your despatch is deemed to be of the utmost importance. The Department’s circular telegram to Paris, June 12, reflects the policy of this Government; the Department appreciates your part in making it clear to Van Karnebeek. In view of your report you will submit forthwith to the Government of the Netherlands the following articles as the basis for a convention:54
“Article I. The High Contracting Parties, without attempting to extend as between themselves the limits of their respective territorial waters adjacent to the high seas, agree that the authorities of either High Contracting Party may, within the distance of 12 geographical miles from its coasts, board the private vessels of the other and make inquiry of the masters thereof as to whether such vessels or the person or persons controlling them are engaged in any attempt, either with or without the cooperation of other vessels or persons to violate the laws of the High Contracting Party making the inquiry, and prohibiting or regulating the unlading near or importation into its territories of any articles.
An officer of one High Contracting Party boarding a private vessel of the other may examine the manifest of the vessel and make inquiry of the master with respect to the cargo and destination thereof. If such officer has reason to believe from the statements of the master or from documents exhibited by him or otherwise, that the vessel or the person or persons controlling it, either with or without the cooperation of other vessels or persons, is or are engaged in the commission of acts which constitute a violation of the laws of the State of which such boarding officer is an official, with respect to the unlading or importation of any article or articles, he shall impart his belief to the master of the vessel, and thereupon may with the aid of the master, institute a search of the vessel and an examination of any articles on board. The search shall be conducted with the courtesy and consideration which ought to be observed between friendly nations. If there is reasonable cause for belief that the vessel or the person or persons controlling it is or are engaged, with or without the cooperation of other vessels or persons, in the commission of acts which constitute a violation of the laws of the State whose officer has conducted the search, forbidding or regulating the unlading near, or importation into its territories of any article or articles, the vessel, cargo and the person or persons controlling it or them may be seized and brought in for an adjudication, and subjected to the imposition of the penalties established by law by the Party whose laws and regulations are found to have been violated.
Article II. In case any article or articles the importation of which into the territories of either High Contracting Party is or are for any purpose prohibited by its laws, but which is or are listed as sea stores, or as cargo destined for a port foreign to either High Contracting Party, on board a private vessel of either High Contracting Party destined for a port of the other High Contracting [Page 200] Party is or are brought within the territorial waters of such other High Contracting Party, no penalty or forfeiture imposed by its laws shall be applicable thereto or shall attach in respect thereof, and such transit within the territorial waters of the United States shall be as now provided by law with respect to the transportation of intoxicating liquor through the Panama Canal, on condition, however that upon arrival of the vessel so destined within 12 geographical miles of the coasts of such High Contracting Party whose territorial waters are about to be entered, such article or articles may be placed under seal by the appropriate officer of that Party and shall be kept sealed continuously thereafter until the vessel enters and during the entire stay of the vessel within those waters, and no part of such article or articles shall, during that period, be removed from under seal for any purposes whatsoever and that no part of such article or articles shall at any time or place be unladen for delivery or consumption within the territory of the Party whose waters are entered as aforesaid. Upon the departure of the vessel from such territorial waters destined for a foreign port, such article or articles under seal may be released therefrom either by an officer of the vessel or by an officer of the Party affixing the seal.”
If the articles quoted are accepted, the Department will also communicate to you an appropriate preamble and a final article providing for the date of taking effect, the period of duration, and the termination of the convention.
The Department deems it important to repeat the point which appears to have been obscured in many quarters, that the Government of the United States in making the above proposal does not seek to extend or to ask the Netherland Government to extend the limits of territorial waters, but instead is seeking to supply a rule to govern the intercourse of the signatory States through the convention which has been proposed.
- Quotation not paraphrased.↩